Halifax-Richmond County Virginia USGenWeb Archives Court.....Tune, "et Al" August 29, 1832 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Gloria Tune glogirl4@gmail.com October 13, 2013, 12:55 am Source: Halifax County, Virginia Chancery Court Records Written: August 29, 1832 Recorded: July 28, 1834 Transcribed by Gloria J. Tune from copy of original documents June 24, 2011 Chancery Court Records Halifax County, Virginia 1832 August 29th Bill and answer filed and Inl. Decree 1833 Octo. 28th Rept Confirmed and fur. Int. decree - Jas. Adkinsson appointed receiver 1834 July 28th Rept Confirmed and final decree === August Court 1832 Meredith Conally, Sally Conally, Polly Tune, Joshua Tune, Thomas Tune, William S. Tune, Kester T. Tune, Judith Tune, Jonathan Tune, William Tune, David Tune And Elizabeth Tune Plaintiffs against In Chancery Lurana Tune and Demarcus Tune---Defendants This cause came on this day by consent to be heard on the bill, answer and exhibits and was agreed by counsel, on consideration whereof the Court doth adjudge order and decree that James Adkinsson, William Logan, Daniel Nunnellee, Joel Anderson, and Jeffrey D. Palmer, or any three or more of them, who are hereby appointed commissioners for that purpose, do allot to Lurana Tune widow of William Tune decd. one third part in value of the slaves of the estate of the said decedent, except such as may be required by the administrator for the payment of the debts, to be held by her for and during the term of her natural life, if such allotment can be conveniently made in kind, and that they sell the remaining part thereof, or if the widow's thirds cannot be allotted in kind, that they sell the whole of said slaves to the highest bidder on a credit of twelve months taking from the purchaser or purchases bonds with good security. That they also sell to the highest bidder on the like credit, the lands of which the said William Tune died siesed taking also from the purchaser bond with good security, but before making sale of the aforesaid lands and slaves they are required to give reasonable notice by advertisements at the most public places in the neighbourhood of the time and place of such sale. And that they make report to this Court for a final decree. A Copy Teste Saml. Williams C.H.C. ==== Halifax County, Virginia Chancery Court Book, page 046 Written under the year 1834 (not dated, but listed under the records in 1834) To the worshipful Court of Halifax County in Chancery setting humbly complaining thereunto your worships your Orators and Oratrices Meredith Conally and Sally his wife, Polley Tune, Joshua Tune, Thomas Tune, William S. Tune, Kester T. Tune, Judith Tune, Jonathan Tune, Willie Tune, David Tune and Elizabeth Tune; which said Thomas, William S. Kester T. Judith, Jonathan, Willie, David & Elizabeth are infants and sue by their next friend the said Meredith Conally: that William Tune late of the County of Halifax aforesaid has departed this life intestate, seised of a tract or parcel of land containing about two hundred acres, some slaves and other personal estate: That your Orators and Oratrices and a certain Demarcus Tune are the children, heirs and distributees of the said decedent, who left also a widow Lurana Tune surviving him. The said Demarcus Tune has obtained letters of administration on the said estate and acquired the possession of all the personal property including the slaves about six or seven in number: Your Orators and Oratrices have been informed by the administrator that a part of the said slaves will be required for the payment of his intestate's debts, the assets in his hand except the slaves being insufficient for that purpose, it is therefore apparent to your worships that the slaves which will remain for distribution cannot be divided in kind. They also represent to your worships that the land of which the widow has held possession since the death of her husband if divided the part to be allotted to each of the heirs would not be of the value of three hundred dollars: And your Orators and Oratrices having been advised that a court of Equity is alone competent to direct the sale of the lands and slaves for the purpose of a division: To the end therefore that the said Lurana Tune and Demarcus Tune may be made defendants to this bill and required to answer the several allegations thereof; that the lands & slaves of which the said decedent died siesed and possessed except such part of the slaves as the administration may require for the payment of his intestate's debts may be sold, and the money arising from the sale thereof be distributed according to the rights of the several parties; and that your Orators and Oratrices may have such other relief as to Equity may seem meet; May it please your worships to grant the commonwealth's writ of subpoena & c… The answer of Lurana Tune to a bill of complaint exhibited against her and Demarcus Tune in the County of Halifax by Meredith Conally & wife & others: This respondent saving and reserving to herself all benefit of exceptions to the said bill, to so much thereof as she is advised it is material for her to answer; says, that she admits the material allegations of the said bill to be true, and she is willing that this worshipful court should make such decree in the premises as to them may seem just and equitable: and having fully answered she prays to be hence dismissed with her costs & c.. The answer of Demarcus Tune to a bill of complaint exhibited against him and Lurana Tune in the County Court of Halifax of Meredith Conally and wife and others. This respondent saving and reserving to himself all benefit of exceptions & c.. for answer to the said bill or so much thereof as he is advised it is material for him to answer, says: he admits the material allegations of the bill, and submits to this Court to make such decree in the cause as to them may seem just & equitable: and having fully answered he prays to be hence dismissed with his costs & c. === Conally & wife & others Vs. Tune Decree. ____ This cause came on this day by consent to be heard on the bill & answers and exhibits and was argued by counsel on consideration whereof the court doth adjudge order and decree that James Adkinson, William Logan, Daniel Nunellee, Joel Anderson and Jeffrey D. Palmer or any three or more of them, who are hereby appointed Commissioners for that purpose, do allot to Lurana Tune widow of William Tune decd. one third part in value of the slaves of which the estate of the said decedent, except such as may be required by the administrators for the payment of the debts, to be held by her for and during the term of her natural life, if such allotment can be conveniently made in kind; and that they sell the remaining part thereof, or if the widow's third cannot be allotted in kind, that they sell the whole of said slaves to the highest bidder on a credit of twelve months taking from the purchaser or purchasers bonds with good security; that they also sell to the highest bidder on the like credit, the lands of which the said William Tune died siesed taking also from the purchaser bond with good security; but before making sale of the aforesaid lands and slaves they are required to give reasonable notice by advertisements at the most public places in the neighborhood of the time and place of such sale; And that they make report to this Court for a final decree. === Halifax County October Court 1833 Meredith Conally and Sally his wife, Polly Tune, Joshua Tune, Thomas Tune, William S. Tune, Kester Tune, Judith Tune, Jonathan Tune, Willie Tune, David Tune And Elizabeth Tune, which said Thomas, Wm. S., Kester T., Judith Jonathan, Willie, David And Elizabeth are infants and sue by their next friend the said Meredith Conally Plaintiffs Against Lurana Tune and Demarcus Tune Defendants This cause came on to be heard upon the papers formerly read and the report of commissioners made in pursuance of the Interlocutory decree of August Court 1832 and was argued by counsel, whereupon the Court approving the said report to which there is no exception, doth confirm the same and doth order that James Adkinsson be appointed a commissioner to receive and collect the bonds taken upon the sales in the report mentioned-and the Court doth further adjudge order and decree that the said James Adkinsson do pay to Lurana Tune widow of William Tune decd. one eighth part of the proceeds of the sale of the land in the proceedings mentioned in lieu of her dower therein, and that he make distribution of the balance of the proceeds of the said sale to the legal distributes of Wm. Tune decd. and make report to the Court. A Copy Test Wm. Holt C. H. C. === Pursuant to a directed order of the worshipful Court of Halifax County bearing date August Court 1832. We the undersigned Commissioners have this day proceeded to sell, (after duly advertising the time & place of sale) to the highest bidders on a credit of twelve months the land & slaves of William Tune decd., having first allotted to Lurana Tune widow of the said William Tune decd. one third part in value of the slaves aforesaid-As follows to wit…. Allotted to Lurana Tune One boy Israel $150.00 One boy George $125.00 $275.00 Sold To Lurana Tune One boy Chester $360.50 To Kester Tune One Man Cyrus $221.00 The land 200 acres, more or less in quantity, was then offered for sale When Kester Tune became the purchaser at $3.00 per acre --- Who failing to comply with the Terms of the Sale (by giving bond & security due) it was again offered for sale when James Tune became the purchaser at $2.60 per acre, who in like manner failed to comply with the terms of the sale, It was again offered when Armistead Barksdale became the purchaser at $2.50 per acre. $500.00 $1081.50 We have according to the Order of Court taken bonds with good & sufficient Security for the above amount of sales which are herewith returned to Court. Given under Our hands this 26th day of Sept. 1832. Jeffrey D. Palmer Joel Anderson Daniel Nunnelee === In Conformity to a decree of County Court of Halifax October Term 1833, appointing me a Commissioner to Collect and distribute the bonds taken by Commissioners for the sale of Lands & Slaves of the estate of William Tune decd., a report as follows to wit. That I have collected of Armstead Barksdale The amount of his bond for land $500.00 Out of which I have paid to Demarcus Tune The attorney of Laurana Tune, the widow of The said William Tune one eighth part 62.50 $437.50 Collected of Kester Tune the amount his bond for Slaves 221.00 Collected of Laurana Tune the amount her bond for " 360.50 Balance $1019.00 And that I have distributed the balance as below. To Demarcus Tune in his own Right $84.75 To the attorney of Joshua Tune $84.75 To the Attorney of Polley H. Tune $84.75 To Meredith Connally in Right of his Wife $84.75 To the Guardian of Thomas Tune $84.75 " of Wm. Tune $84.75 " of Kester Tune $84.75 " of Judith Tune $84.75 " of Jonathan Tune $84.75 " of Willie Tune $84.75 " of David Tune $84.75 " of Elizabeth Tune $84.75 Returned today for recording this report $2.00 $1019.00 Jas Adkinsson Commissioner November 2nd, 1833 30TH October 1833 … Saml. Williams Sir Please to send by Mr. Tune the Bonds for the Sale property belonging to the estate of Wm. Tune decd, also a copy of the decree made last court for the distribution of said Bonds when collected and oblige. Yours respectfully Jas Adkinsson Bond issued by A. Barksdale & Anthony Sydnor for $500 dated 26th Sept 1832 & payable 26th Sept 1833. Same by Lourana Tune & Demarcus Tune for $360.50 dated & payable as above Same by Kester Tune & Meredith Connally for $221 same 1833 Octo 30th Recd. The above mentioned bonds Demarcus Tune === March 27, 1837 Halifax County, Virginia GRANTOR...Tune, William est by comr, GRANTEE...Barksdale, Armistead, KIND...Bill & Sale of 200 acres on Bye Creek Deed Book 43, page 620 Photocopy of deed on file 1842 - Deed Book 48, page 230 80 acres bought by Kester Tune of the estate of William Tune, deceased Additional Comments: These Chancery Court records prove the children of William & Lurana Scurlock Tune to be: Demarcus, Sarah, Mary (Polly), Joshua, Thomas H., William S., Kester T., Judith, Jonathan, Wiley(seen as "Willie"), David & Elizabeth. William Tune, son of Travis and Frances Tune of Halifax County, Virginia married Lurana Scurlock, daughter of Thomas Scurlock & Judith Ferguson Scurlock, on 26 September 1803 in Halifax County, Virginia Halifax County Virginia Marriage Book 1 Page 54 William Tune died intestate after the 01 June 1830 U. S. Federal Census & before March 1831 when the Halifax Court ordered his inventory be taken. William Tune was the 2nd great grandson of James Toone, who died 1677, and his second wife Anne Toone, who died 1686, of Old Rappahannock (Richmond) County, Virginia. File at: http://files.usgwarchives.net/va/halifax/court/tune565gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 13.3 Kb